GURNAM SINGH SANDHU Vs. STATE OF HARYANA

JUDGEMENT

(1.) On July 20, 1981, the State of Haryana issued instructions granting special incentives to such Government employee "who undergo sterilisation after having two or three surviving children ......" The circular provided for the grant of a special increment. It inter alia provided that the concession would be admissible only "to Government employees who undergo the sterilisation operation on or after the date of issue of these orders" The petitioners claim that they had underdone the operation prior to July, 1981, and that the condition that the benefit would be admissible only to such employees as have undergone the operation on or after this order is discriminatory and violates Article 14 of the Constitution of India.

(2.) In the written statement filed on behalf of the respondent, it has been inter alia averred that the State Government is competent to fix a cut- off date for giving incentives/concessions to its employees in the form of special increment. It is further submitted that the petitioners, who got themselves sterilised prior to issue of the letter dated July 20,1981, are not eligible to claim the benefits in the letter.

(3.) I have heard Mr. J.S. Maanipur for the petitioner and Mr. Jaswant Singh for the respondents.